Legal Question in DUI Law in California

3 Time DUI takes my car and has an accident

I gave my unregistered car to a mechanic to check out the tranny, he towed it to his friend's house. The friend while drunk, drove the car and crashed it on a post, and car was towed. The friend, has a suspended lic. due to 2 previous DUI.He gave his 23yr old son's name to CHP,(who has a suspended lic.)a false address,and the CHP bought it, never saw his record of prior DUI's. He was ejected from the car, so he had injuries, and was cited and released to the hospital. The accident was caused by him pulling on the emergency brake for an unknown reason, while going 65mph. He hit 2 metal fence posts of residential property, and the car has front and side damage, front windshield cracked, rear window broken out, and both air bags deployed. The cost of repair is greater than car's worth. He was charged with DUI, .08% Admin per se, 14601.1(a)VC suspended license, and 16028(c)VC-No proof of insur. at accident, and report sent to DA. This individual has no money, or means to repay me.This car sat, unregistered, for 3yrs,I don't have insurance on it. I made it VERY clear to my mechanic, the car was NOT to be driven! My questions: What can I do to recover my loss? Who is responsible, mechanic or friend? Should I notify DA about false info?


Asked on 10/20/05, 7:07 pm

2 Answers from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: 3 Time DUI takes my car and has an accident

My advice is to sue them all. Sue the mechanic for conversion, negligence and breach of contract. Sue the driver for conversion and negligence. It doesn't matter that either of them have no money now, just get the judgment against them for the value of the car and punitive damages. Then worry later about collecting it. Good Luck.

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Answered on 10/21/05, 11:34 am
Terry A. Nelson Nelson & Lawless

Re: 3 Time DUI takes my car and has an accident

You could sue them both, the 'mechanic' for allowing your car to be driven, and the 'friend' for driving it. Hope for your sake that one of them has enough money or insurance to pay your damages. Also, contact the court to see if you qualify for 'victim reimbursement', or if the court will order reimbursement as part of the driver's probation.

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Answered on 10/20/05, 8:39 pm


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